Discrimination

  • February 06, 2026

    Calif. Forecast: 9th Circ. To Hear Utility District Bias Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a discrimination case against a utility district. Here's a look at that case and other labor and employment matters on deck in California.

  • February 05, 2026

    Tesla Applicants Fight Uphill To Keep H-1B Visa Bias Suit Alive

    A California federal judge appeared open Thursday to tossing a proposed class action alleging Tesla discriminates against American workers by favoring allegedly underpaid H-1B visa holders, telling counsel repeatedly during a hearing the allegations seem to be "speculation."

  • February 05, 2026

    Colo. Judge Hears Closings In Gender-Affirming Care Halt Suit

    Patients of Children's Hospital Colorado who want a state court to reinstate their gender-affirming medical care told a judge Thursday that the court's enforcement of state law and the rule of law is their only remedy, while the hospital that halted their care has other options.

  • February 05, 2026

    Texas Atty Must Explain AI 'Misuse' In Employment Case

    A prominent civil rights attorney representing a University of Texas at Austin nurse in an employment discrimination case must explain why he shouldn't be sanctioned "for his apparent misuse of artificial intelligence" to research and write a brief, a Texas federal judge ruled.

  • February 05, 2026

    Law Firms Back NFL In Arbitration Clause Suit Before Justices

    Two nonprofit public interest law firms are pressing the U.S. Supreme Court to review a Second Circuit opinion finding the National Football League's arbitration process unenforceable, saying the opinion encourages judges to issue "subjective and arbitrary" decisions on arbitration clauses.

  • February 05, 2026

    EEOC Says Napa Auto Parts Delaying Race Bias Probe

    The U.S. Equal Employment Opportunity Commission is investigating whether Napa Auto Parts discriminated against Black job applicants, according to a Texas federal court filing Thursday that accused the company of failing to comply with the agency's demands for information.

  • February 05, 2026

    NJ Panel Backs Treasury Dept. Win In Discrimination Suit

    A New Jersey appellate panel has backed the New Jersey Department of Treasury's win in a disability discrimination suit by one of its employees, ruling her claims are either time barred or lack the necessary evidence to show severe enough conduct by the department.

  • February 05, 2026

    NYC Issues Proposed Rules On Upcoming Sick Time Changes

    The public has until March 2 to comment on recently proposed amendments to New York City's sick leave law, changes that will expand employees' rights to take paid time off for reasons that go beyond illnesses.

  • February 05, 2026

    Arbitration Pact Doesn't Block Race Bias Suit, 6th Circ. Says

    The Sixth Circuit backed a trial court's ruling that an arbitration agreement didn't apply to a Black ex-security officer's suit claiming Detroit's Renaissance Center failed to address concerns that white officers mistreated their Black co-workers, ruling a grammatical decision in the pact keeps his case in court.

  • February 05, 2026

    Harvesting Co. To Pay $6.1M To Settle Calif. Wage Suit

    A California-based harvesting company and related entities will pay over $6.1 million for failing to tell farmworkers about their paid sick leave options and stiffing them on their full wages, the California Labor Commissioner's Office has said.

  • February 04, 2026

    OSU's Defensive Analyst Says Gender Bias Got Him Fired

    Ohio State University was sued Tuesday in federal court by a former football program employee alleging it applied "gendered assumptions about credibility, aggression and victimhood" against him and fired him after he complained about a female colleague's hostile behavior.

  • February 04, 2026

    Colo. Court Considers Hospital's Gender-Affirming Care Halt

    The families of patients of Children's Hospital Colorado who allege it is discriminating against their children through its suspension of gender-affirming medical care for youth patients told a Colorado state court Wednesday the stoppage has significantly harmed their children.

  • February 04, 2026

    9th Circ. Seems Reluctant To Keep Netflix Bias Case In Court

    The Ninth Circuit zeroed in on timing Wednesday as a former Netflix worker pushed to keep her sexual harassment suit out of arbitration, appearing sympathetic to the streaming company's argument that her dispute began before a law banning mandatory arbitration for sexual harassment claims became effective.

  • February 04, 2026

    EEOC Sues Nike To Pry Loose Info For Anti-White Bias Probe

    The U.S. Equal Employment Opportunity Commission sued Nike in Missouri federal court Wednesday, claiming the sports apparel giant hasn't complied with demands for information in a probe assessing whether Nike discriminated against white workers through diversity, equity and inclusion policies.

  • February 04, 2026

    Ex-Fox News Host Decries Judge Pick's Arbitration Stance

    Gretchen Carlson, a former Fox News anchor and a leading advocate for ending forced arbitration of sexual harassment and assault in the workplace, has come out against a federal judicial nominee for Louisiana for her past comments on the issue.

  • February 04, 2026

    4th Circ. Backs Chicken Processor In Fired Worker's ADA Suit

    The Fourth Circuit declined Wednesday to reinstate a suit from a worker who said a chicken processor unlawfully terminated him after a shooting left him with lingering medical issues, saying he failed to show he could perform the key functions of his job.

  • February 04, 2026

    3rd Circ. Ponders Pa. Professor's Virtual Teaching Denial

    A Third Circuit panel on Wednesday quizzed attorneys in a case involving a Kutztown University professor who was denied remote teaching accommodations about if she should have expected in-person instruction to be an essential function of her position, despite the lack of a job description or written policy saying so.

  • February 04, 2026

    United Says Pilot's Vax Accommodation Should End Dispute

    United Airlines has urged an Illinois federal judge to hand it a pretrial win over a pilot's accusation that the airline failed to properly handle his religious-based COVID-19 vaccination exemption request, arguing he received an accommodation that should be considered reasonable and defeat his claims.

  • February 04, 2026

    Ex-DLA Piper Partner Aims To Toss Claim He Raped Associate

    Allegations that an ex-DLA Piper partner raped a former Boston-based associate in Delaware in 2022 should be tossed since the Massachusetts state court the case was filed in has no jurisdiction over the Delaware claim, according to the accused former partner.

  • February 04, 2026

    Fired Boston Staffer's Suit Trimmed As Mayor Ducks Claims

    A federal judge has dismissed most of a former Boston City Hall staffer's employment lawsuit, including claims accusing Mayor Michelle Wu of firing her to protect a cabinet official from sexual harassment allegations.

  • February 04, 2026

    Calif. Opens Pay Data Reporting Portal For Large Cos.

    The California Civil Rights Department has opened its portal for employers with 100 or more employees to report pay data from 2025, the agency announced.

  • February 04, 2026

    EEOC Slaps Hotel Co. With Pregnancy, Religious Bias Suit

    A hotel management company refused to provide a pregnant employee with an adequate chair and pushed a front desk clerk to work Saturday overnight shifts even though that conflicted with his duties as an assistant pastor, the U.S. Equal Employment Opportunity Commission alleged in Illinois federal court.

  • February 03, 2026

    Guam Defends Bid To Appeal Loss Of Military Leave Suit

    A retirement fund for Guam government employees fired back at the federal government's attempt to prevent it from appealing an order finding the fund and Guam liable for shortchanging pension contributions for employees who take paid leave while serving in the military. 

  • February 03, 2026

    6th Circ. Backs Chemical Co.'s Win In Disability Bias Suit

    A Sixth Circuit panel kept a Michigan chemical facility operator's win Tuesday in a former worker's suit claiming that he was fired because of his disability, finding that the worker could no longer perform all of his job duties.

  • February 03, 2026

    Palm Steakhouse Chain, Black Ex-GC Resolve Race Bias Case

    The owners behind The Palm steakhouse chain and a Black former general counsel who said she was fired after being diagnosed with lung cancer have agreed to end her federal race bias lawsuit, according to a Tuesday filing in New York federal court.

Expert Analysis

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • What Employment Bias Litigation Looks Like After Muldrow

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    Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.

  • How Deregulation Could Undermine Trump's Anti-DEI Agenda

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    While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.

  • Trump Should Pass On Project 2025's Disparate Impact Plan

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    The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.

  • Expect A Big Shake Up At The EEOC Under 2nd Trump Admin

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    During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.

  • 4 Novel Issues From The Blake Lively, Justin Baldoni Suits

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    A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.

  • Religious Accommodation Lessons From $12.7M Vax Verdict

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    A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.

  • Lessons From United's Axed Win In Firing Over Online Pics

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    In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.